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The Yugoslav Constitution
Preamble All citizens of Yugoslavia are perusing goals spelled out in this constitution to establish the unification of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo, Macedonia, Montenegro, Serbia, Slovenia, and Vojvodina. Chapter 1: National Definition Article 1: Citizenship/Language (1) Citizens of Yugoslavia are all humans who are children of a citizen in Yugoslavia, who are born in Yugoslavia or who are naturalized. (2) The official language of Yugoslavia is Yugoslav. Article 2: National Form (1) Yugoslavia is a secular, sovereign, and democratic republic. All entities of Yugoslavia must yield to these principles. (2) This Constitution is the supreme law of the land; it is directly binding on all national authority. The general rules of public international law constitute an integral, inviolable part of the national law. Article 3: State Symbols and Capital (1) Yugoslavia's national colors are Red, White, and Blue (2) Yugoslavia has a National Flag, Coat of Arms and a National Anthem (3) The State Motto is "Brotherhood and unity." (4) The capital of Yugoslavia is Belgrade. Chapter 2: National Objectives Article 4: General Constitutional Objectives (1) Yugoslavia promotes justice and universal protection of human rights as individual rights. Yugoslavia encourages fraternity among its citizens by establishing solidarity, general welfare, and national unity. (2) Yugoslavia acknowledges the right of the People to national autonomy and self-determination, and the right of minorities to group autonomy. (3) Yugoslavia promotes: public health care; education and schooling; schemes for social welfare; preservation and development of culture; preservation and maintenance of historical objects; environmental protection, intergenerational equity, and the protection of nature for its intrinsic value including the protection of nature's right; natural and social sciences Article 5: State Security (1) Yugoslavia promotes worldwide peace. Acts undertaken to prepare war or to otherwise disturb the peaceful relations between nations are unconstitutional. (2) Yugoslavia takes adequate measures to preserve its integrity even in the state of war or civil war. (3) Yugoslavia protects the people against terrorism, extremism, and catastrophes. Chapter 3: National Organization Part 1: General Organization Article 6: Elections (1) Absent of special provisions, elections are universal, direct, free, equal, and secret. Elections are always free and equal. (2) Elections are always secret if a person eligible to vote or be elected so demands. (3) Elected representatives are only bound by their conscience. They are servants of all, not only of their constituents. Article 7: Organizational Principles (1) The State separates executive, legislative, and adjudicative powers. Offices in different powers are incompatible with each other (horizontal imcompatibility). Offices in national entities are incompatible with any public office on a lower level (vertical incompatibility) and with any other salaried office, private or public (economic incompatibility). Political offices are incompatible with active duty in the armed forces (military incompatibility). (2) The State acknowledges national, regional, and local autonomy. (3) Autonomy is bound to the principle of democratic organization. Article 8: Decentralization, Mutual Assistance (1) State powers belong to the Regions if not assigned to the national entities by this Constitution. (2) The Regions are bound to convey powers to the Communes if adequate use of those powers is possible on the local level (self-government). (3) All powers of the State have to render each other legal and administrative assistance. Article 9: National Powers (1) State powers belong to the national entities for the following subject matters: a) state defence, b) foreign relations, c) economic regulations, d) infrastructure and traffic, e) taxation, f) solidarity systems, g) private, criminal, and procedural law, h) educational and other standards, i) and all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level. (2) The State may give up sovereign powers to international or supranational bodies, including systems of mutual collective security and trade organisations, as long as it retains an adequate representation in those bodies and those bodies guarantee sufficient legal protection for the Citizens. Part 2: Representation of State Article 10: Head of State (1) The President is the head of state. He or she has the right of pardon, to conduct foreign affairs, and to all other representative functions of the State. (2) The President and Vice-President are elected by the National Parliament with precedence over all other business. (3) Every resident citizen with the right to vote is eligible at any age for the office of President or Vice-President. (4) Before taking office, President and Vice-Presidents take the following Oath or Affirmation: "I do solemnly swear (or affirm) that I will faithfully execute this office, honoring and protecting the Constitution of the State." (5) The President shall not be held accountable for actions performed in the exercise of his office except in the case of high treason, may be indicted only by the Federal Assembly, and shall be tried only by the Federal Court. Part 3: Executive Power Article 11: National Government, President (1) The executive power of Yugoslavia is vested in the national Government. It includes diplomatic affairs. (2) The President is the head of the National Government. The President freely chooses the National Ministers. (3) The President is Commander in Chief of the Armed Forces. Article 12: Impeachment An impeachement of the President by the National Parliament takes the form of a new presidential election. Article 13: Regional Equalization of Finances The Democratic Federal Republic of Yugoslavia provides for an overall equalization of finances, giving due consideration to the regions' repective debts, burdens, economic power, and infrastructural responsibilities. Part 4: Legislative Power Article 14: Federal Assembly (1) The legislative power is vested in the Federal Assembly. (2) The Federal Assembly consists of 208 members. Members of the National Parliament are residents publicly elected by the People. Each region elects among its residents in proportion to its share of citizens eligible to vote. Their office ends after a two-year term or when they lose their electoral rights. (3) Everyone eligible to vote has recourse to the Federal Court for scrutiny of the elections. (4) Decisions of the Federal Assembly require a majority of the votes cast (simple majority) unless this Constitution provides otherwise. Article 15: Rights of Federal Assembly Members (1) Members of the Federal Assembly are only bound by their conscience. (2) Members of the Federal Assembly may not be subjected to court proceedings or disciplinary action for a vote cast or a statement made by them in the Federal Assembly or in any of its committees (Indemnity). (3) Members of the Federal Assembly may not be called to account or be arrested except by permission of the Federal Assembly (Immunity). (4) Members of the Federal Assembly are entitled to adequate remuneration ensuring their independence. The remuneration may not be altered for the present term. Article 16: Lawmaking Process (1) Bills can be introduced only by the Members of the Federal Assembly or by one percent of the citizens (Public Initiative). Bills can specify the additional requirement of a public referendum after they have been voted upon. (2) The Federal Court has to be informed immediately of any bill introduced. Members of the Federal Court have the right to be heard during sessions according to the same rules as govern the participation of Members of the Federal Assembly. (3) Laws altering this Constitution require two thirds of the votes cast (qualified majority), at least the votes of a majority of the Members of the Federal Assembly (absolute majority). All laws are void if they are unconstitutional. (4) Laws have to specify their effective date and promulgated in the Official National Publication. (5) Bills can be submitted to a referendum if provided by the Federal Assembly decision or as part of the initiative. Article 17: Budget (1) The bill for the yearly budget law is introduced by the President. (2) Budget laws are not subjected to referendums. Article 18: Treaties (1) The President signs treaties with other nations. (2) The legislative power of the Federal Assembly includes the power to ratify treaties with other states. (3) Treaties not ratified within 1 year have to be revoked by the President. Article 19: National Ordinances (1) Laws may empower National Ministers to adopt National Ordinances regarding a specified subject matter. (2) National Ordinances do not require ratification by the Federal Assembly. Article 20: State of Emergency (1) In cases of grave and immediate threat to the existence of the Democratic Federal Republic of Yugoslavia, the President may take necessary measures of defense. (2) All emergency measures and decisions can be only made by the President. Article 21: Ombudsman The National Assembly Ombudsman safeguards fundamental rights and liberties and controls the compliance of all state powers with the provisions of this Constitution. Part 5: Adjudicative Power Article 22: Independent Courts (1) The adjudicative power is vested in independent courts. (2) Judges are citizens elected by the Federal Assembly. They are independent. Their office ends at time of retirement or when they lose their electoral rights. Article 23: Federal Court (1) The Federal Court decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over: a) disputes between state entities concerning their respective rights and duties under this Constitution; b) challenges of a national or regional entity, a Court in the course of its determination, or a third of the Members of Parliament against the constitutionality of a law; c) claims of individuals regarding violations of their constitutional rights; d) popular complaints about the violation of fundamental rights; e) challenges of an act of a state power by the Ombudsman; f) cases on appeal from National Courts as the Federal Court deems necessary to review; g) all other cases assigned to its jurisdiction by law. (2) Decisions of the supreme court are directly binding for all entities of the State. (3) The office of Federal Court Justices has an unlimited time period. Article 24: National Courts (1) National courts have supreme jurisdiction over review and other matters assigned to it by law. (2) Separate national courts shall be established for private law, penal law, and general public law. (3) The Federal Court decides by extraordinary review in cases of inconsistent application of the law by different national courts.